A properly executed will gives you control over how assets are distributed, who will manage your estate, and who will care for minor children. It reduces ambiguity that can lead to disputes, helps avoid intestacy rules that distribute property by default, and provides peace of mind that your intentions will be honored by the court and family.
A unified plan gives fiduciaries clear legal authority and beneficiaries explicit directions, reducing ambiguity that often sparks disputes. Clear trust funding instructions and probate-avoidance measures simplify administration and help ensure that distributions occur in the manner you intended without unnecessary court intervention.
Clients rely on a methodical approach to wills and estate planning that prioritizes clear drafting, coordination with other documents, and realistic administration strategies. We focus on anticipating common issues and crafting instructions that reduce ambiguity for personal representatives and beneficiaries when a will becomes operative.
After the will is signed, we provide guidance on safe storage, making copies accessible to fiduciaries, and when to schedule reviews. Life events and legal changes can necessitate updates, and we assist with amendments or restatements to preserve clarity and legal effectiveness.
Virginia formalities generally require that a will be in writing, signed by the testator (or by another at the testator’s direction), and witnessed by two competent adults who sign in the presence of the testator. Following these steps reduces the risk that a court will later find the will invalid. Certain additional steps, such as preparing a self-proving affidavit at execution, can simplify probate by allowing the will to be admitted without live witness testimony. Careful observance of execution rules and clear drafting helps avoid challenges during estate administration.
Yes, you can change a will after signing by executing a formal amendment called a codicil or by creating a new will that expressly revokes the prior one. The substitute document must meet the same execution formalities as the original will to be enforceable under state law. Periodic updates are advisable after marriage, divorce, births, death of beneficiaries, or significant financial or business changes. Keeping beneficiary designations aligned with will provisions prevents conflicts between documents and ensures your wishes are effective.
A will does not avoid probate; instead, it governs how assets that pass through probate will be distributed. Probate is the court-supervised process that validates the will, allows creditors to be paid, and oversees distribution of probate assets to beneficiaries. To minimize probate, consider nonprobate vehicles such as revocable trusts, payable-on-death accounts, joint ownership arrangements, and properly designated beneficiaries on retirement and insurance policies. These measures can reduce assets subject to probate and simplify administration for heirs.
Select a personal representative who is trustworthy, organized, and able to manage administrative tasks such as locating assets, paying debts, and communicating with beneficiaries. Many choose a spouse, adult child, or close friend, or a corporate fiduciary when appropriate for complex estates. Naming an alternate is important in case the primary appointee cannot serve. Discussing the role with the person beforehand ensures they understand the responsibilities and are willing to undertake the duties if called upon.
A will can nominate one or more guardians for minor children to care for their person and manage property left for their benefit. The court will consider the nomination but will ultimately act in the child’s best interest, taking the nomination into account alongside other factors. Including trusts or specific instructions for how inheritances should be managed can protect minors from receiving large sums outright. Naming contingent guardians and backup fiduciaries provides additional security and clarity for the court and family.
If someone dies intestate—without a valid will—Virginia’s intestacy laws determine how property is distributed among surviving relatives, typically prioritizing spouses and children. Intestacy can result in unintended distributions that do not reflect the decedent’s preferences. Intestacy also leaves key decisions, such as guardian nominations for minors, to the court. Preparing a will enables individuals to direct distributions, select fiduciaries, and avoid the default framework imposed by state law.
In Virginia, a person can generally disinherit beneficiaries through clear will provisions, but certain forced-share rules or spousal elective share laws may provide a surviving spouse with rights regardless of a will’s terms. Legal protections for spouses can limit complete disinheritance. Children may also have protections depending on circumstances. It is important to understand state-specific rules about spousal rights and to consider complementary planning tools to achieve intended outcomes while complying with statutory protections.
Review your will regularly and after significant life events such as marriage, divorce, births, deaths, major gifts, or business transactions. A review every few years can also catch changes in law or beneficiary circumstances that affect your plan. Updating beneficiary designations, titles, and related documents ensures consistency across your estate plan. Small adjustments now prevent confusion later and help ensure your documents reflect current wishes and family realities.
A residuary clause disposes of whatever property remains after specific gifts, debts, taxes, and expenses are paid. Including a residuary clause prevents parts of your estate from passing by intestacy and helps ensure that unanticipated or newly acquired assets are distributed according to your plan. A well drafted residuary clause can name primary and alternate beneficiaries and allocate percentages or specific instructions, reducing the risk of partial intestacy and helping fiduciaries complete estate administration without court-imposed defaults.
Business interests can be addressed in a will by providing for transfer of ownership interests, naming a personal representative who understands business operations, and coordinating with buy-sell agreements and corporate documents. A will alone may not complete a seamless business transition if corporate or partnership agreements dictate transfer procedures. Coordinating business succession planning with estate documents, shareholder agreements, and tax planning helps preserve value and minimize disruption. Clear instructions and alignment with existing business arrangements reduce the chance of ownership disputes and operational uncertainty.
